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COMMONWEALTH PENNSYLVANIA v. CLARENCE KING (04/19/77)

decided: April 19, 1977.

COMMONWEALTH OF PENNSYLVANIA
v.
CLARENCE KING, APPELLANT



Appeal from the Judgment of Sentence imposed January 7, 1976, of the Court of Common Pleas of Philadelphia County, Trial Division, Criminal Section, at Nos. 1272, 1274 September Term, 1974.

COUNSEL

John W. Packel, Assistant Public Defender, Philadelphia, for appellant.

Deborah E. Glass and Steven H. Goldblatt, Assistant District Attorneys, Philadelphia, for appellee.

Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Hoffman and Spaeth, JJ., concur in the result.

Author: Price

[ 247 Pa. Super. Page 444]

On December 13, 1974, appellant Clarence King was found guilty of two counts of burglary by a judge sitting without a

[ 247 Pa. Super. Page 445]

    jury. A direct appeal was taken although no post-trial motions had been filed. On May 7, 1975, this court remanded the case for the filing of post-trial motions. On January 7, 1976, the post-trial motions were denied, resulting in this appeal. We affirm.

At 1:00 a. m. on September 2, 1974, Albert Croce discovered an intruder in his Philadelphia apartment at 4816 Florence Avenue. Mr. Croce yelled for help and the intruder jumped out the window. Later that morning, Mr. Croce found that eighty-two dollars were missing from the pocket of his pants.

At 3:45 a. m. of the same day, Wilma Alston woke to discover an intruder in her second floor apartment at 926 South 49th Street. She ran from her room, calling for help. People from the third floor of the building came to her room just in time to see the intruder flee. Six dollars in quarters were missing from Mrs. Alston's apartment.

Officer Albert Durso of the Philadelphia Police Department testified that at 3:30 a. m. on September 2, 1974, he received a radio bulletin informing him that a burglary suspect was believed to be in his area. The suspect was described as a negro male of a stated height*fn1 with blue pants, blue hat, of a "flop type" and waist-length jacket. At 4:20 a. m., Officer Durso noticed a negro male who fit the broadcast description. The man, appellant, was proceeding west on Warrington Avenue between Forty-ninth and Fiftieth Streets. There were one or two other negro males on the street in that vicinity at the time. The place of the stop was no more than a block from the Alston apartment. The record is silent as to its proximity to the Croce apartment. The officer testified that appellant "fitted the description of the man I was looking for." (T-30) Officer Durso asked appellant where he was coming from and appellant replied that he had been at his mother's house at 5408 Cedar Avenue, approximately eight blocks away. His destination

[ 247 Pa. Super. Page 446]

    was his home at 5018 Springfield Avenue, approximately one block away. The officer noted at the time of the stop that appellant's clothes were wet, although the ...


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